New regulations for owners and licence holders of caravan sites
The Mobile Homes (Requirements for Manager of Site to Fit and Proper) (England) Regulations 2020 requires that the council:
- processes applications from site owners (or “occupiers”)
- makes and issues decisions
- establishes a fit and proper person register for the North Lincolnshire area
Non statutory Government Guidance can be found on Mobile homes fit and proper person test: guidance for local authorities on GOV.UK
What this means for site owners
From 1 October 2021, unless the site is exempt, the site owner must:
- be a fit and proper person to lawfully operate a park home site, or
- have a fit and proper site manager in place
What the site owner must do
Site owners operating a relevant protected site must apply to the council for the relevant person (themselves or their appointed manager) to be included in the local register of fit and proper persons to manage a site.
You can apply by downloading the application form [PDF, 232Kb]. Please refer to our Application Guidance [PDF, 197Kb].
A site owner may only apply if they hold or have applied for a site licence for the site.
A site is exempt if it’s “a non-commercial family occupied site”. For example:
- only occupied by members of the same family, and
- not being run on a commercial basis
The regulations and the non-statutory guidance detailed above provide further detail about this exemption. See the legislation on Gov.UK for more details.
What we’ll consider
In order to inform the council’s decision that the relevant person is a fit and proper person to manage the site, and to add them to the register, it will consider:
- past compliance with the site licence
- the long term maintenance of the site
- whether the relevant person has sufficient level of competence to manage the site
- the management structure and funding arrangements for the site or proposed management structure and funding arrangements
We will also consider whether the relevant person:
- has the right to work within the UK
- has committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)
- has contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law
- has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
- has harassed any person in, or in connection with, the carrying on of any business
- has had an application rejected by any other local authority
- is, or has been within the past 10 years, personally insolvent
- is, or has been within the last 10 years, disqualified from acting as a company director
Consideration of the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis), if it appears that person’s conduct is relevant.
We can also consider any evidence on any other relevant matters.
Where more than one application has to be made in cases where an application has been rejected, or where there is more than one responsible person, a further £256 will be levied per fit and proper person check.